United States v. Hardy
Court of Appeals for the Sixth Circuit
1Opinion of the CourtSuhrheinrich, J., joined by Cook, J.,
COLE, J. (pp. 159-62), delivered a separate dissenting opinion.
OPINION
SUHRHEINRICH, Circuit Judge.
Defendant DeMarcus Hardy appeals his conviction and sentence for drugs and firearms convictions following a jury trial. Specifically, he challenges the admission of prior, uncharged drug activity as a violation of Fed.R.Evid. 404(b), as well as the district court’s decision to grant an upward departure at sentencing. We AFFIRM.
I. Background
A. Pretrial Proceedings
In December 2006, based on a tip from a confidential informant, the Special Investigations Unit of the Chattanooga Police Department…
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